China says Arbitral Tribunal has no jurisdiction over South China Sea case

The Permanent Court of Arbitration in the Hague has said it will deliver a verdict on July 12th, on the South China Sea case unilaterally initiated by the Philippines. China has refused to participate in the proceedings, and declared that it won't recognize the verdict.

A spokesperson for the Chinese foreign ministry reiterated that the tribunal has no jurisdiction to judge the case as it is related to territorial sovereignty and maritime demarcation.

In January 2013, the Philippines unilaterally initiated an arbitration case on the South China Sea. The Chinese government immediately declared that it would neither accept or participate in the arbitration proceedings.

China's foreign ministry spokesperson Hong Lei said China's position has since been reiterated.

In December 2014, the Chinese foreign ministry released a position paper on the matter. The paper comprehensively elaborates China's position over the case. The document also made it clear that the Chinese government's non-acceptance of and non-participation in the arbitration proceedings are solidly founded in international law.

The Arbitral Tribunal in the South China Sea arbitration rendered an award on jurisdiction and admissibility in 2015. The Chinese government immediately stated that the relevant award is null and void and has no binding force.

In June this year, China released a statement on settling disputes between the two countries through bilateral negotiations. The document also reiterates China's position of non-acceptance of and non-participation in the arbitration proceeding.

December 7, 2014

China released "Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines"

October 29, 2015

Arbitral Tribunal rendered an award on jurisdiction and admissibilityChina stated that the relevant award is null and void and has no binding force

June 8, 2016

China released "Statement of the Ministry of Foreign Affairs of the People's Republic of China on Settling Disputes Between China and the Philippines in the South China Sea Through Bilateral Negotiation"

Hong Lei also stressed that the Philippines' unilateral initiation of arbitration breaches international law.

He said through a series of bilateral instruments and the Declaration on the Conduct of Parties in the South China Sea, China and the Philippines have agreed to settle their relevant disputes in the South China Sea through bilateral negotiation.

The spokesperson also made it clear that the essence of the subject-matter of the arbitration is the territorial sovereignty over some islands and reefs in the South China Sea, and this is beyond the scope of the United Nations Convention on the Law of the Sea, or UNCLOS.

He also said that China made a declaration in 2006 pursuant to Article 298 of UNCLOS, which excludes disputes concerning maritime delimitation from arbitration.

Moreover, the Philippines failed to fulfill its obligation under Article 283 to exchange views on means of dispute settlement.

Hong reitetated the Arbitral Tribunal has no jurisdiction over the relevant matters. He said by expanding and exceeding its jurisdiction at will, the Arbitral Tribunal has undermined the integrity of the UNCLOS dispute settlement regime.

Hong Lei said China does not accept any means of third party dispute settlement with regard to territorial sovereignty issues and maritime delimitation disputes. He added the Chinese government will continue to abide by the international law, and work with states directly concerned to resolve disputes in the South China Sea through negotiation.